Justice Sandeep Mehta of the Rajasthan HC suspended the order of seven years of rigorous jail by the Additional Sessions Judge in Sessions Case no. 46 of 2017, Udaipur. The co-accused to the same case had already been granted relief from the court.
The appellant of the case had been charged and convicted under the Sections 307, 323/34 of the Penal Code. The appellant had already served four and a half years of imprisonment of his term of seven years of rigorous imprisonment. The co accused however had been released. The Rajasthan HC looked into the matter and even considered the background of the appellant. The appellant does not have nay major criminal charges against himself except of this one. Hence the Court felt that it would be right on dismissing the order of the Additional Sessions Judge and grant the appellant bail till the course of the case based on the disparity that had been conducted in his case. The Section 389 of CrPC, 1973 surmises the conditions under which a bail can be granted.
The Court ordered the appellant to lay down a sum of 50,000 rupees as two sureties, divided into 25,000 each. Along with that the court also ordered the appellant to appear in front of the court on 06/01/2020. The attendance of the appellant will be kept record of in a separate register. The Trial court, in case of the appellant’s absence on specified dates will inform the HC which shall in turn have his bail cancelled as a result.
Mustaffa Sheik v. State of Rajasthan, S.B. Cri Misc (Appeal) No. 1136 of 2019